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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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For over 2 years we have only seen our grandchildren a few

Resolved Question:

For over 2 years we have only seen our grandchildren a few times. This is mainly because our son has been stopped by his wife to have contact with his children, and as I am aware their is no restraining order against him. She moved house over 3/4 months ago and has refused to give the address or a contact number so we can make arrangements to see the children. She wont allow a visit or contact now because she doesn't want our son to see them. We have never been unfair with this woman and always been straight forward with her. Contact with her has been through my niece who is good friends with her, and even she cannot understand why she is going on like she is. Both Her and my son have new partners. I have tried speaking with her (met in a shopping centre) and she wasn't having anything to do with it. Please advise how to progress from this situation.
Thankyou
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children and what contact did you have before the breakdown of the relationship.
What action has your son taken to obtain contact with his children?
Clare
Customer: replied 2 years ago.

Hi Clare

Thank you for your response.

As requested: Emily is 8 years old and James 6 years old.

Before the breakdown of the marriage we saw the children on a semi regular basis. Even during this period the children were constantly controlled by their mother. We wanted to take them on holidays/come and stay with us, there was always some excuse why this could not happen. These same requests were turned down during the breakdown. Taking them for a meal was hard going, we succeeded on a few occasions, but she was always wanting to be in control.

My son seen a solicitor who I believe didn’t do anything to alleviate the situation this had my son in a grey area not able to go forward. When he was informed legal aid had been stopped he ceased with this solicitor. His next step was to approach Citizens advise services and through them mediation was applied for twice. On both occasions she did not respond. As I have already mentioned contact was being made through my niece by myself. My son had also been trying to get contact with his children through my niece. He even asked for mediation through her. Reply given was “you know what you have to do go to the courts”

He was even told there was a police injunction against him forbidding him anywhere near the old house or to see his children. I spoke to the police they had no record of this.

The whole episode seems to be one lie following another. When at the end of the day all we want is to be able to see our grandchildren without this childish hassle.

Once again thank you

Expert:  Clare replied 2 years ago.
Hi
Is your son willing to start the court process now?
Clare
Customer: replied 2 years ago.

He would love to do this. However he has just started new job and his finances are not very good, and he is not entitled to legal aid. I'm on long term sick after major back operation. What next

Expert:  Clare replied 2 years ago.
Hi
No one is entitled to Legal Aid in such cases anymore except where there has been Domestic Violence of there is a risk of Child Abduction
Grand parents have no Automatic right to contact with grand children - they even need the consent of the Court to make an application
The most straight forward way forward is for you to support your son in making an application for a Child arrangement Order setting out times that he sees the children
His starting point is to try and discuss matters using Family mediation (www.familymediationhelpline.co.uk) - but when that fail she can apply to the court using this form
http://www.jordanpublishing.co.uk/system/uploads/attachments/0006/9047/C100.pdf
and paying the fee of £215.
he can read more here
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/cb001-eng.pdf
If you are determined to do this yourself then agains you start with Family mediation and then you can apply to the court for Permission to apply for contact and for contact
I hope that this is of assistance - please ask if you need further details
Clare
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